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00-1113Council File # � � — ��\3 ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 104022 Committee Date (S WHEREAS, the Legislative Heazing Officer recommends that license applicafion (ID # 20000004292) for a Second Hand Dealer-Motor Vehicle License by Todd 3. Bauer, dba Victree Vehicles, 637 Rice Street, be referred to an Adininistrative Law Judge; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Admiuistrative Law Judge. Yeas Nays Absent Blakey ✓ Coleman ✓ Hazris ✓ Benanav � Reiter � Bostiom � Lanhy �/ � � Adoptedby Council: Date �,.,�_ aa, 2-E�� — Adoption Certified by Council Secretary \i!!����Z�`�� ..� � -� . I. .. - .� ` �'�/� � ~ I �I/ii t ' </� f � � Requested by Depamnent o£ � Form Approved hy City Attorney � Approved by Mayor for Submission to Council � ao-t��3 City Council Offices ii-is-ZOOO � GREEN SHEET NO�V C�;' �c2 Gerry Strathman, 266-8560 U�.µ�,.� Uc�rcauc� i BE ON OOUNCILAG@IDA BY (O�A"(E) • November 22, 2000 �* Wp�ErzFpt ❑anwi�aeEx cmraiu_ RdRYiG � AiI11CUlffRYICF20R AIIJICMLiERV/IICCT6 ❑MYOR1��.�M�l ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SICaNATURE) Referring the Second Hand Dealer-Motor Vehicle License by Todd Bauer, dba Victree Vehicles, 63� Rice Street, to an Administrative Law Judge. PLANNING COMMISSION CIB COMMIlTEE CML SERV{CE CAMMIS: Has this persaJfrm ever vrorked under a contract for this depaAment9 VES NO tlasthis Pereonlfirm a.er tem a ci1Y emPbYee? YES NO Doe6this P�� P� d sldi not s�mna�ryD�� t+Y anY curteM cilY emVbYce? YES NO IS this peraoMim a fargetetl �entlof7 YES NO �ISQ�P€2��9� ����..��,�'i.�� b,+'.° . li U tl ,�1. � LQIJ� COST/REVENUE BUDGETED (CIRCLE ONW SOURCE INFORMpTON (E%PUIN) ACTNRYNUMBER YES NO C�O-\\\� ��. MINIJTES OF 'TI� LEGISLATIVE HEARING VICTREE VEHICLES - 637 RICE STREET Tuesday, November 14, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:04 a.m. STAFF PRESENT: Jeffery Hawkins, License, Inspection, Environmental Protection (LIEP); Phillip Owens, Fire Prevention; Kristine Schweinler, (LIEP). Gerry Strathmau stated this meeting is being held to heaz objections to a license for Todd Bauer, dba Victree Vehicles, 637 Rice Street. Kristine Schweinler reported this application is for a second hand dealer-motor vehicle license by Todd Bauer. LIEP is holding their approval until they heaz from the Fire Department because this is a Class III vacant building. Phillip Owens reported an inspection was conducted on August 31; there are 31 orders outstanding on this properry. Since the issuance of these orders, he has not heard from the applicant or the property owner on record. The phone number he has to contact the applicant is disconnected. It does not appeaz that work is being done on the properry. He will check to see if any permits have been pulied or bonds posted. Bette Loose, 161 Pennsylvania Avenue West, appeared and stazed she has a second hand dealer license for Lafond House of Gifts which is sold primarily through shows, conventions, and shipping; therefore, she does not have a pazking problem at her business. However, she does have a parking problem with a neighboring business at 159 Pennsylvania Avenue West, Swingline Auto. When the snow comes, junk cazs start to pile up again. Vehicles are sometimes parked in the front of this business. Sometimes the vehicles encroach into her driveway. Gerry Strathman stated the business she is referring to is Sharpline Auto. He asked where Victree Vehicles is located in respect to her business. Ms. Loose responded Victree is next to Shazpline Auto. She does not understand how 48 cars can be pazked on the corner lot and still be able to do business. She is not objecting to the business, but is objecting to what the pazking lot may become. Mr. Strathman asked was her concern with Sharpline and not Victree. Ms. Loose responded yes and it will be very busy when Victree opens. Jaswant A. Teekasingh, one of the owners of Sharpline Auto, 159 Pennsylvania Avenue West, appeared and stated his business opened 1.5 yeazs ago. They took risk in opening the business in this location. His business is comprised of an auto body secfion, mechanical secfion, and auto sales section. 00 -���� Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Sireet Page 2 (Mr. Teekasingh provided paperwork showing the concentration of competitive businesses in the azea.) Mr. Teekasingh does not feel there is a need for another dealership in this azea. The competition will be putting a financial strain on Sharpline. Three employees from the azea work at Sharpline. Mr. Teekasingh and his fanrily do not collect a salary. Gerry Strathman stated many businesses choose to concentrate: fast food restaurants, caz dealers. He asked why it would be disadvantageous for Sharpline. Mr. Teekasingh responded the two businesses will be in close proximity. He quesfions how customers will differentiate between them. Mr. Strathman asked about the parking requirement. Mr. Hawkins responded Victree Vehicles is currently in site plan review. The figures for the site plan are 48 vehicles for sa1e, 8 employee and customer spots, including 1 handicap spot. Mr. Bauer will have to come up with a$6,000 escrow for an ornamental fence. The parking plan is adequate. Mr. Teekasingh asked where Victree Vehicles will put their vehicles during snow removal on the lot. They may impact Sharpline to the point they have to close. Gerry Strathman stated he received the following letters in the mail: Bette Loose, 161 Pennsylvania Avenue west, wrote about parking; Lori Ayon, Capital heights Block Club, 20 Winter Street, dated 10-19-2000, asked that the legislative hearing be scheduled after November 9; Lori Ayon, Capital Heights Block Club, 20 Winter Street, dated 11-11-2000, wrote the block club supports the license. Victor Sacco, 4567 80`" Street West, Bloomington, appeared and stated he has been hying to market this property for years. There is a long list of items that need to be done. Aesthetically, Todd Bauer is the first person willing to take the business to this level. A wrought iron fence will be added. As Mr. Strathman mentioned, car dealerships do cluster together to bring customers into the area. Also, Jeff Teekasingh (President of Sharpline Auto) had expressed interest in the property for the purpose of a car dealership. They talked about improvements that needed to be made on the properry, and Mr. Teekasingh did not get back to them. Wa11y Kolsrud, Kolsrud Realty Company, 2000 Big Oak Drive, Burnsville, appeared and stated he has talked to over 150 individuals and companies who sought the site far a used caz sales lot. Mr. Kolsrud's broker offered the property to the owner of the adjacent properiy. Mr. Kolsrud didn't hear anything from this owner until he voiced his opposition to Mr. Bauer's business. Mr. Bauer had design plans to indicate this would be a fine establishment. Mr. Kolsrud has been dealing with Mr. Bauer since May; he is a man of integrity, good conscience, and will be an asset to the community. Todd Bauer, owner, appeared and stated he has attended the District 7 Council meetings. The Capital Heights Block Club voiced resistance. Mr. Bauer put forth a site plan review. He was oc�- ���.3 Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Street Page 3 told by Lazry Zangs (LIEP) that this matter is tentatively approved pending the $6,000 escrow. The code compliance inspection has been done and he has a list, said Mr. Bauer. Ae pulled the electrical permits on flus property, and the electrical improvement have been done. He was not aware that he had to provide a$2,000 bond right away. He put the bond issue on hold because he does not own the property, but he has agreed to take care of the code compliance issues as the future owner. He understands tUat Holiday Companies has been issued an eatension to 3anuary 1 to get the bonds. As for the disconnected phone, Mr. Bauer will give the Fire Department the correct number. When he attended the meeting at the Capitol Heights Block Club, said Mr. Bauer, there were people who did not want a car dealership there. Mr. Bauer feels that competition draws people in. Highway 61, Bloomington, Highway 10, etc. have saturation of auto related businesses. These businesses thrive. Anyone that comes into an industry in a certain area has to compete. As for the site plan, stated Mr. Bauer, he wanted the business to be an asset to the area without being told they had to be. They added wrought iron fencing and other building improvements. Capital Heights Block Club told Mr. Bauer the only tivng he had to do to meet the standard strictly was to add a few trees, which he is willing to do. The block club is now supportive of the business. Mr. Hawkins asked is Victree Vehicles in operation right now. Mr. Bauer responded yes, in Ham Lake, Minnesota. Mr. Hawkins asked does he know a Brad Menvin. Mr. Bauer responded yes; Mr. Merwin does certifying and repairing of vehicles for Victree sometimes. Mr. Hawkins stated he has some problems with Mr. Bauer's �liation with Brad Merwin and with what the State calls curb stoning. According to Lt. O'Grady of the State Patrol Vehicle Crimes Unit, Victree Vehicles has been tagged a misdemeanor tag citation and Mr. Merwin has been tagged for curb stoning. The zoning for the lot is okay. State patrol is investigating and so is LIEP. Curb stoning means to sell a vehicle off the licensed premises. Mr. Bauer stated there was a misunderstanding on his part on the law. He thought he could show a vehicie at any location, and the paperwark has to be written at the site of the business. Mr. Merwin did write some deals off site, but it was without Mr. Bauer's knowledge and against Mr. Bauer's instruction. Mr. Merwin has been inshucted that he cannot write deals anywhere except at the business. Mr. Hawkins stated Mr. Merwin sets the vehicles across the street from his house on the corner of Rice and Maryland. His phone number is on Mr. Bauer's application, which tells Mr. Hawkins he is a lot more involved. Mr. Bauer responded Mr. Merwin is very involved in the business and is a good mechanic. Customers aze told that all vehicles from Victree are road c�- � ��3 Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Street Page 4 certified. Mr. Merwin drives the vehicles from 100 to 500 miles so that he can look at the vehicle thoroughly. If Mr. Bauer finds that Mr. Merwin is displaying the vehicie curbside and selling them from there, it would not be on Mr. Bauer's approval. Mr. Merwin wili be made accountable if this is happening. Mr. Merwin will take responsibility and admit to what he has been doing. Mr. Bauer stated he will get more active in monitoring the activities at the dealership in 2001. Gerry Strathman asked what is LIEP's recommendation now. Ms. Schweinler responded that this be sent to an Administrative Law Judge. Mr. Owens stated he is concerned about where the vehicles will be repaired. The inspecrion that was done on this property was for a sales office only. Mr. Sacco stated he has a letter from Steve Armstrong (Fire Prevention inspector) that an inspection was done on August 31. They aze waiting the outcome for the license and permit for the properiy, which is when the closing of the properiy will take place as well as the improvements. The business was given an extension to January, at which time they hope everything is approved. Mr. Owens stated if an extension is needed, they need to talk. Waiting to pay the bond has notlung to do with the Fire DepartmenYs order. Gerry Strathman recommended sending this matter to an Administrative Law Judge. Mr. Strathman is not persuaded by the testimony of the adjacent auto dealership: their concerns do not rise to the level of being the basis for denying the license. However, Mr. Strathman is concerned about the zoning and licensing issues. Also, this is a vacant building and actions to remedy it have not been taken, particulazly in light of the orders issued by the Fire Depariment some months ago. There are substantial issues of law and fact that need to be reviewed mare thoroughly in a more formal setting than this. The meeting was adjourned at 11:51 a.m. rrn Council File # � � — ��\3 ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 104022 Committee Date (S WHEREAS, the Legislative Heazing Officer recommends that license applicafion (ID # 20000004292) for a Second Hand Dealer-Motor Vehicle License by Todd 3. Bauer, dba Victree Vehicles, 637 Rice Street, be referred to an Adininistrative Law Judge; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Admiuistrative Law Judge. Yeas Nays Absent Blakey ✓ Coleman ✓ Hazris ✓ Benanav � Reiter � Bostiom � Lanhy �/ � � Adoptedby Council: Date �,.,�_ aa, 2-E�� — Adoption Certified by Council Secretary \i!!����Z�`�� ..� � -� . I. .. - .� ` �'�/� � ~ I �I/ii t ' </� f � � Requested by Depamnent o£ � Form Approved hy City Attorney � Approved by Mayor for Submission to Council � ao-t��3 City Council Offices ii-is-ZOOO � GREEN SHEET NO�V C�;' �c2 Gerry Strathman, 266-8560 U�.µ�,.� Uc�rcauc� i BE ON OOUNCILAG@IDA BY (O�A"(E) • November 22, 2000 �* Wp�ErzFpt ❑anwi�aeEx cmraiu_ RdRYiG � AiI11CUlffRYICF20R AIIJICMLiERV/IICCT6 ❑MYOR1��.�M�l ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SICaNATURE) Referring the Second Hand Dealer-Motor Vehicle License by Todd Bauer, dba Victree Vehicles, 63� Rice Street, to an Administrative Law Judge. PLANNING COMMISSION CIB COMMIlTEE CML SERV{CE CAMMIS: Has this persaJfrm ever vrorked under a contract for this depaAment9 VES NO tlasthis Pereonlfirm a.er tem a ci1Y emPbYee? YES NO Doe6this P�� P� d sldi not s�mna�ryD�� t+Y anY curteM cilY emVbYce? YES NO IS this peraoMim a fargetetl �entlof7 YES NO �ISQ�P€2��9� ����..��,�'i.�� b,+'.° . li U tl ,�1. � LQIJ� COST/REVENUE BUDGETED (CIRCLE ONW SOURCE INFORMpTON (E%PUIN) ACTNRYNUMBER YES NO C�O-\\\� ��. MINIJTES OF 'TI� LEGISLATIVE HEARING VICTREE VEHICLES - 637 RICE STREET Tuesday, November 14, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:04 a.m. STAFF PRESENT: Jeffery Hawkins, License, Inspection, Environmental Protection (LIEP); Phillip Owens, Fire Prevention; Kristine Schweinler, (LIEP). Gerry Strathmau stated this meeting is being held to heaz objections to a license for Todd Bauer, dba Victree Vehicles, 637 Rice Street. Kristine Schweinler reported this application is for a second hand dealer-motor vehicle license by Todd Bauer. LIEP is holding their approval until they heaz from the Fire Department because this is a Class III vacant building. Phillip Owens reported an inspection was conducted on August 31; there are 31 orders outstanding on this properry. Since the issuance of these orders, he has not heard from the applicant or the property owner on record. The phone number he has to contact the applicant is disconnected. It does not appeaz that work is being done on the properry. He will check to see if any permits have been pulied or bonds posted. Bette Loose, 161 Pennsylvania Avenue West, appeared and stazed she has a second hand dealer license for Lafond House of Gifts which is sold primarily through shows, conventions, and shipping; therefore, she does not have a pazking problem at her business. However, she does have a parking problem with a neighboring business at 159 Pennsylvania Avenue West, Swingline Auto. When the snow comes, junk cazs start to pile up again. Vehicles are sometimes parked in the front of this business. Sometimes the vehicles encroach into her driveway. Gerry Strathman stated the business she is referring to is Sharpline Auto. He asked where Victree Vehicles is located in respect to her business. Ms. Loose responded Victree is next to Shazpline Auto. She does not understand how 48 cars can be pazked on the corner lot and still be able to do business. She is not objecting to the business, but is objecting to what the pazking lot may become. Mr. Strathman asked was her concern with Sharpline and not Victree. Ms. Loose responded yes and it will be very busy when Victree opens. Jaswant A. Teekasingh, one of the owners of Sharpline Auto, 159 Pennsylvania Avenue West, appeared and stated his business opened 1.5 yeazs ago. They took risk in opening the business in this location. His business is comprised of an auto body secfion, mechanical secfion, and auto sales section. 00 -���� Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Sireet Page 2 (Mr. Teekasingh provided paperwork showing the concentration of competitive businesses in the azea.) Mr. Teekasingh does not feel there is a need for another dealership in this azea. The competition will be putting a financial strain on Sharpline. Three employees from the azea work at Sharpline. Mr. Teekasingh and his fanrily do not collect a salary. Gerry Strathman stated many businesses choose to concentrate: fast food restaurants, caz dealers. He asked why it would be disadvantageous for Sharpline. Mr. Teekasingh responded the two businesses will be in close proximity. He quesfions how customers will differentiate between them. Mr. Strathman asked about the parking requirement. Mr. Hawkins responded Victree Vehicles is currently in site plan review. The figures for the site plan are 48 vehicles for sa1e, 8 employee and customer spots, including 1 handicap spot. Mr. Bauer will have to come up with a$6,000 escrow for an ornamental fence. The parking plan is adequate. Mr. Teekasingh asked where Victree Vehicles will put their vehicles during snow removal on the lot. They may impact Sharpline to the point they have to close. Gerry Strathman stated he received the following letters in the mail: Bette Loose, 161 Pennsylvania Avenue west, wrote about parking; Lori Ayon, Capital heights Block Club, 20 Winter Street, dated 10-19-2000, asked that the legislative hearing be scheduled after November 9; Lori Ayon, Capital Heights Block Club, 20 Winter Street, dated 11-11-2000, wrote the block club supports the license. Victor Sacco, 4567 80`" Street West, Bloomington, appeared and stated he has been hying to market this property for years. There is a long list of items that need to be done. Aesthetically, Todd Bauer is the first person willing to take the business to this level. A wrought iron fence will be added. As Mr. Strathman mentioned, car dealerships do cluster together to bring customers into the area. Also, Jeff Teekasingh (President of Sharpline Auto) had expressed interest in the property for the purpose of a car dealership. They talked about improvements that needed to be made on the properry, and Mr. Teekasingh did not get back to them. Wa11y Kolsrud, Kolsrud Realty Company, 2000 Big Oak Drive, Burnsville, appeared and stated he has talked to over 150 individuals and companies who sought the site far a used caz sales lot. Mr. Kolsrud's broker offered the property to the owner of the adjacent properiy. Mr. Kolsrud didn't hear anything from this owner until he voiced his opposition to Mr. Bauer's business. Mr. Bauer had design plans to indicate this would be a fine establishment. Mr. Kolsrud has been dealing with Mr. Bauer since May; he is a man of integrity, good conscience, and will be an asset to the community. Todd Bauer, owner, appeared and stated he has attended the District 7 Council meetings. The Capital Heights Block Club voiced resistance. Mr. Bauer put forth a site plan review. He was oc�- ���.3 Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Street Page 3 told by Lazry Zangs (LIEP) that this matter is tentatively approved pending the $6,000 escrow. The code compliance inspection has been done and he has a list, said Mr. Bauer. Ae pulled the electrical permits on flus property, and the electrical improvement have been done. He was not aware that he had to provide a$2,000 bond right away. He put the bond issue on hold because he does not own the property, but he has agreed to take care of the code compliance issues as the future owner. He understands tUat Holiday Companies has been issued an eatension to 3anuary 1 to get the bonds. As for the disconnected phone, Mr. Bauer will give the Fire Department the correct number. When he attended the meeting at the Capitol Heights Block Club, said Mr. Bauer, there were people who did not want a car dealership there. Mr. Bauer feels that competition draws people in. Highway 61, Bloomington, Highway 10, etc. have saturation of auto related businesses. These businesses thrive. Anyone that comes into an industry in a certain area has to compete. As for the site plan, stated Mr. Bauer, he wanted the business to be an asset to the area without being told they had to be. They added wrought iron fencing and other building improvements. Capital Heights Block Club told Mr. Bauer the only tivng he had to do to meet the standard strictly was to add a few trees, which he is willing to do. The block club is now supportive of the business. Mr. Hawkins asked is Victree Vehicles in operation right now. Mr. Bauer responded yes, in Ham Lake, Minnesota. Mr. Hawkins asked does he know a Brad Menvin. Mr. Bauer responded yes; Mr. Merwin does certifying and repairing of vehicles for Victree sometimes. Mr. Hawkins stated he has some problems with Mr. Bauer's �liation with Brad Merwin and with what the State calls curb stoning. According to Lt. O'Grady of the State Patrol Vehicle Crimes Unit, Victree Vehicles has been tagged a misdemeanor tag citation and Mr. Merwin has been tagged for curb stoning. The zoning for the lot is okay. State patrol is investigating and so is LIEP. Curb stoning means to sell a vehicle off the licensed premises. Mr. Bauer stated there was a misunderstanding on his part on the law. He thought he could show a vehicie at any location, and the paperwark has to be written at the site of the business. Mr. Merwin did write some deals off site, but it was without Mr. Bauer's knowledge and against Mr. Bauer's instruction. Mr. Merwin has been inshucted that he cannot write deals anywhere except at the business. Mr. Hawkins stated Mr. Merwin sets the vehicles across the street from his house on the corner of Rice and Maryland. His phone number is on Mr. Bauer's application, which tells Mr. Hawkins he is a lot more involved. Mr. Bauer responded Mr. Merwin is very involved in the business and is a good mechanic. Customers aze told that all vehicles from Victree are road c�- � ��3 Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Street Page 4 certified. Mr. Merwin drives the vehicles from 100 to 500 miles so that he can look at the vehicle thoroughly. If Mr. Bauer finds that Mr. Merwin is displaying the vehicie curbside and selling them from there, it would not be on Mr. Bauer's approval. Mr. Merwin wili be made accountable if this is happening. Mr. Merwin will take responsibility and admit to what he has been doing. Mr. Bauer stated he will get more active in monitoring the activities at the dealership in 2001. Gerry Strathman asked what is LIEP's recommendation now. Ms. Schweinler responded that this be sent to an Administrative Law Judge. Mr. Owens stated he is concerned about where the vehicles will be repaired. The inspecrion that was done on this property was for a sales office only. Mr. Sacco stated he has a letter from Steve Armstrong (Fire Prevention inspector) that an inspection was done on August 31. They aze waiting the outcome for the license and permit for the properiy, which is when the closing of the properiy will take place as well as the improvements. The business was given an extension to January, at which time they hope everything is approved. Mr. Owens stated if an extension is needed, they need to talk. Waiting to pay the bond has notlung to do with the Fire DepartmenYs order. Gerry Strathman recommended sending this matter to an Administrative Law Judge. Mr. Strathman is not persuaded by the testimony of the adjacent auto dealership: their concerns do not rise to the level of being the basis for denying the license. However, Mr. Strathman is concerned about the zoning and licensing issues. Also, this is a vacant building and actions to remedy it have not been taken, particulazly in light of the orders issued by the Fire Depariment some months ago. There are substantial issues of law and fact that need to be reviewed mare thoroughly in a more formal setting than this. The meeting was adjourned at 11:51 a.m. rrn Council File # � � — ��\3 ORIGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 104022 Committee Date (S WHEREAS, the Legislative Heazing Officer recommends that license applicafion (ID # 20000004292) for a Second Hand Dealer-Motor Vehicle License by Todd 3. Bauer, dba Victree Vehicles, 637 Rice Street, be referred to an Adininistrative Law Judge; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby refers this license application to an Admiuistrative Law Judge. Yeas Nays Absent Blakey ✓ Coleman ✓ Hazris ✓ Benanav � Reiter � Bostiom � Lanhy �/ � � Adoptedby Council: Date �,.,�_ aa, 2-E�� — Adoption Certified by Council Secretary \i!!����Z�`�� ..� � -� . I. .. - .� ` �'�/� � ~ I �I/ii t ' </� f � � Requested by Depamnent o£ � Form Approved hy City Attorney � Approved by Mayor for Submission to Council � ao-t��3 City Council Offices ii-is-ZOOO � GREEN SHEET NO�V C�;' �c2 Gerry Strathman, 266-8560 U�.µ�,.� Uc�rcauc� i BE ON OOUNCILAG@IDA BY (O�A"(E) • November 22, 2000 �* Wp�ErzFpt ❑anwi�aeEx cmraiu_ RdRYiG � AiI11CUlffRYICF20R AIIJICMLiERV/IICCT6 ❑MYOR1��.�M�l ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SICaNATURE) Referring the Second Hand Dealer-Motor Vehicle License by Todd Bauer, dba Victree Vehicles, 63� Rice Street, to an Administrative Law Judge. PLANNING COMMISSION CIB COMMIlTEE CML SERV{CE CAMMIS: Has this persaJfrm ever vrorked under a contract for this depaAment9 VES NO tlasthis Pereonlfirm a.er tem a ci1Y emPbYee? YES NO Doe6this P�� P� d sldi not s�mna�ryD�� t+Y anY curteM cilY emVbYce? YES NO IS this peraoMim a fargetetl �entlof7 YES NO �ISQ�P€2��9� ����..��,�'i.�� b,+'.° . li U tl ,�1. � LQIJ� COST/REVENUE BUDGETED (CIRCLE ONW SOURCE INFORMpTON (E%PUIN) ACTNRYNUMBER YES NO C�O-\\\� ��. MINIJTES OF 'TI� LEGISLATIVE HEARING VICTREE VEHICLES - 637 RICE STREET Tuesday, November 14, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:04 a.m. STAFF PRESENT: Jeffery Hawkins, License, Inspection, Environmental Protection (LIEP); Phillip Owens, Fire Prevention; Kristine Schweinler, (LIEP). Gerry Strathmau stated this meeting is being held to heaz objections to a license for Todd Bauer, dba Victree Vehicles, 637 Rice Street. Kristine Schweinler reported this application is for a second hand dealer-motor vehicle license by Todd Bauer. LIEP is holding their approval until they heaz from the Fire Department because this is a Class III vacant building. Phillip Owens reported an inspection was conducted on August 31; there are 31 orders outstanding on this properry. Since the issuance of these orders, he has not heard from the applicant or the property owner on record. The phone number he has to contact the applicant is disconnected. It does not appeaz that work is being done on the properry. He will check to see if any permits have been pulied or bonds posted. Bette Loose, 161 Pennsylvania Avenue West, appeared and stazed she has a second hand dealer license for Lafond House of Gifts which is sold primarily through shows, conventions, and shipping; therefore, she does not have a pazking problem at her business. However, she does have a parking problem with a neighboring business at 159 Pennsylvania Avenue West, Swingline Auto. When the snow comes, junk cazs start to pile up again. Vehicles are sometimes parked in the front of this business. Sometimes the vehicles encroach into her driveway. Gerry Strathman stated the business she is referring to is Sharpline Auto. He asked where Victree Vehicles is located in respect to her business. Ms. Loose responded Victree is next to Shazpline Auto. She does not understand how 48 cars can be pazked on the corner lot and still be able to do business. She is not objecting to the business, but is objecting to what the pazking lot may become. Mr. Strathman asked was her concern with Sharpline and not Victree. Ms. Loose responded yes and it will be very busy when Victree opens. Jaswant A. Teekasingh, one of the owners of Sharpline Auto, 159 Pennsylvania Avenue West, appeared and stated his business opened 1.5 yeazs ago. They took risk in opening the business in this location. His business is comprised of an auto body secfion, mechanical secfion, and auto sales section. 00 -���� Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Sireet Page 2 (Mr. Teekasingh provided paperwork showing the concentration of competitive businesses in the azea.) Mr. Teekasingh does not feel there is a need for another dealership in this azea. The competition will be putting a financial strain on Sharpline. Three employees from the azea work at Sharpline. Mr. Teekasingh and his fanrily do not collect a salary. Gerry Strathman stated many businesses choose to concentrate: fast food restaurants, caz dealers. He asked why it would be disadvantageous for Sharpline. Mr. Teekasingh responded the two businesses will be in close proximity. He quesfions how customers will differentiate between them. Mr. Strathman asked about the parking requirement. Mr. Hawkins responded Victree Vehicles is currently in site plan review. The figures for the site plan are 48 vehicles for sa1e, 8 employee and customer spots, including 1 handicap spot. Mr. Bauer will have to come up with a$6,000 escrow for an ornamental fence. The parking plan is adequate. Mr. Teekasingh asked where Victree Vehicles will put their vehicles during snow removal on the lot. They may impact Sharpline to the point they have to close. Gerry Strathman stated he received the following letters in the mail: Bette Loose, 161 Pennsylvania Avenue west, wrote about parking; Lori Ayon, Capital heights Block Club, 20 Winter Street, dated 10-19-2000, asked that the legislative hearing be scheduled after November 9; Lori Ayon, Capital Heights Block Club, 20 Winter Street, dated 11-11-2000, wrote the block club supports the license. Victor Sacco, 4567 80`" Street West, Bloomington, appeared and stated he has been hying to market this property for years. There is a long list of items that need to be done. Aesthetically, Todd Bauer is the first person willing to take the business to this level. A wrought iron fence will be added. As Mr. Strathman mentioned, car dealerships do cluster together to bring customers into the area. Also, Jeff Teekasingh (President of Sharpline Auto) had expressed interest in the property for the purpose of a car dealership. They talked about improvements that needed to be made on the properry, and Mr. Teekasingh did not get back to them. Wa11y Kolsrud, Kolsrud Realty Company, 2000 Big Oak Drive, Burnsville, appeared and stated he has talked to over 150 individuals and companies who sought the site far a used caz sales lot. Mr. Kolsrud's broker offered the property to the owner of the adjacent properiy. Mr. Kolsrud didn't hear anything from this owner until he voiced his opposition to Mr. Bauer's business. Mr. Bauer had design plans to indicate this would be a fine establishment. Mr. Kolsrud has been dealing with Mr. Bauer since May; he is a man of integrity, good conscience, and will be an asset to the community. Todd Bauer, owner, appeared and stated he has attended the District 7 Council meetings. The Capital Heights Block Club voiced resistance. Mr. Bauer put forth a site plan review. He was oc�- ���.3 Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Street Page 3 told by Lazry Zangs (LIEP) that this matter is tentatively approved pending the $6,000 escrow. The code compliance inspection has been done and he has a list, said Mr. Bauer. Ae pulled the electrical permits on flus property, and the electrical improvement have been done. He was not aware that he had to provide a$2,000 bond right away. He put the bond issue on hold because he does not own the property, but he has agreed to take care of the code compliance issues as the future owner. He understands tUat Holiday Companies has been issued an eatension to 3anuary 1 to get the bonds. As for the disconnected phone, Mr. Bauer will give the Fire Department the correct number. When he attended the meeting at the Capitol Heights Block Club, said Mr. Bauer, there were people who did not want a car dealership there. Mr. Bauer feels that competition draws people in. Highway 61, Bloomington, Highway 10, etc. have saturation of auto related businesses. These businesses thrive. Anyone that comes into an industry in a certain area has to compete. As for the site plan, stated Mr. Bauer, he wanted the business to be an asset to the area without being told they had to be. They added wrought iron fencing and other building improvements. Capital Heights Block Club told Mr. Bauer the only tivng he had to do to meet the standard strictly was to add a few trees, which he is willing to do. The block club is now supportive of the business. Mr. Hawkins asked is Victree Vehicles in operation right now. Mr. Bauer responded yes, in Ham Lake, Minnesota. Mr. Hawkins asked does he know a Brad Menvin. Mr. Bauer responded yes; Mr. Merwin does certifying and repairing of vehicles for Victree sometimes. Mr. Hawkins stated he has some problems with Mr. Bauer's �liation with Brad Merwin and with what the State calls curb stoning. According to Lt. O'Grady of the State Patrol Vehicle Crimes Unit, Victree Vehicles has been tagged a misdemeanor tag citation and Mr. Merwin has been tagged for curb stoning. The zoning for the lot is okay. State patrol is investigating and so is LIEP. Curb stoning means to sell a vehicle off the licensed premises. Mr. Bauer stated there was a misunderstanding on his part on the law. He thought he could show a vehicie at any location, and the paperwark has to be written at the site of the business. Mr. Merwin did write some deals off site, but it was without Mr. Bauer's knowledge and against Mr. Bauer's instruction. Mr. Merwin has been inshucted that he cannot write deals anywhere except at the business. Mr. Hawkins stated Mr. Merwin sets the vehicles across the street from his house on the corner of Rice and Maryland. His phone number is on Mr. Bauer's application, which tells Mr. Hawkins he is a lot more involved. Mr. Bauer responded Mr. Merwin is very involved in the business and is a good mechanic. Customers aze told that all vehicles from Victree are road c�- � ��3 Legislative Hearing Minutes - VICTREE VEHICLES - 637 Rice Street Page 4 certified. Mr. Merwin drives the vehicles from 100 to 500 miles so that he can look at the vehicle thoroughly. If Mr. Bauer finds that Mr. Merwin is displaying the vehicie curbside and selling them from there, it would not be on Mr. Bauer's approval. Mr. Merwin wili be made accountable if this is happening. Mr. Merwin will take responsibility and admit to what he has been doing. Mr. Bauer stated he will get more active in monitoring the activities at the dealership in 2001. Gerry Strathman asked what is LIEP's recommendation now. Ms. Schweinler responded that this be sent to an Administrative Law Judge. Mr. Owens stated he is concerned about where the vehicles will be repaired. The inspecrion that was done on this property was for a sales office only. Mr. Sacco stated he has a letter from Steve Armstrong (Fire Prevention inspector) that an inspection was done on August 31. They aze waiting the outcome for the license and permit for the properiy, which is when the closing of the properiy will take place as well as the improvements. The business was given an extension to January, at which time they hope everything is approved. Mr. Owens stated if an extension is needed, they need to talk. Waiting to pay the bond has notlung to do with the Fire DepartmenYs order. Gerry Strathman recommended sending this matter to an Administrative Law Judge. Mr. Strathman is not persuaded by the testimony of the adjacent auto dealership: their concerns do not rise to the level of being the basis for denying the license. However, Mr. Strathman is concerned about the zoning and licensing issues. Also, this is a vacant building and actions to remedy it have not been taken, particulazly in light of the orders issued by the Fire Depariment some months ago. There are substantial issues of law and fact that need to be reviewed mare thoroughly in a more formal setting than this. The meeting was adjourned at 11:51 a.m. rrn